The London Underground (East London Line Extension) Order 1997

SCHEDULES

Articles 4 and 11

SCHEDULE 1 THE SCHEDULED WORKS

PART I

Note: In the following descriptions–

“the City branch of the North London Railway” means so much of that part of the former North London Railway of Railtrack between Broad Street station and Dalston Junction West;

“the East London Line” means the railway of the Company that runs between Shoreditch station and New Cross and New Cross Gate stations and the extension authorised by this Order;

“the Great Eastern Railway” means so much of that part of the railway of Railtrack that runs between Liverpool Street station and Bethnal Green station; and

“the North London Line” means so much of that part of the railway of Railtrack known as the North London Line that runs between Stratford station and Highbury and Islington station.

In the London boroughs of Islington and Hackney–

• Work No. 1 A railway (2940 metres in length) commencing by a junction with the North London Line at a point 30 metres south east of the junction of Mildmay Grove with King Henry’s Walk passing in a south easterly direction beneath Kingsbury Road Bridge and passing along the course of the disused City branch of the North London Railway beneath the bridges carrying Boleyn Road, Kingsland High Street, Dalston Lane, Forest Road and Richmond Road, partly in cutting but mainly on the existing viaduct including the reconstruction of the bridges carrying the railway over the streets specified in Part II of this Schedule and the reconstruction of the bridge carrying the railway over the Grand Union Canal (Regent’s Canal) adjacent to Dunston Road and terminating by a junction with the commencement of Work No. 2 ( railway) in the London borough of Hackney at a point 40 metres south east of the junction of New Inn Yard with King John Court.

In the London boroughs of Islington and Hackney–

• Work No. 1A A reconstruction of the bridge carrying Boleyn Road over the City branch of the North London Railway.

In the London borough of Hackney–

• Work No. 1B A reconstruction of the bridge carrying Kingsland High Street and Boleyn Road over the City branch of the North London Railway.

• Work No. 1C A reconstruction of the bridge carrying Dalston Lane over the City branch of the North London Railway.

• Work No. 1D A reconstruction of the bridge carrying Forest Road over the City branch of the North London Railway.

• Work No. 1E A reconstruction of the bridge carrying Richmond Road over the City branch of the North London Railway.

In the London boroughs of Hackney and Tower Hamlets–

• Work No. 2 A railway (1050 metres in length) mainly on a new viaduct commencing by a junction with the termination of Work No. 1 (railway) passing in a south easterly direction on the new viaduct passing over Holywell Lane and Shoreditch High Street by means of new bridges and across the site of the disused Bishopsgate Goods Yard passing over Wheler Street and Brick Lane and then passing over the Great Eastern Railway by means of new bridges and passing over Work No. 7 (new street) and Work No. 3 (railway) of the Crossrail project (if constructed) and joining the course of the East London Line between Shoreditch station and Whitechapel station and terminating at a point 20 metres north west of the junction of Selby Street with Vallance Road.

In the London boroughs of Southwark and Lewisham–

• Work No. 3 A railway (634 metres in length) commencing by a junction with the East London Line at a point 85 metres south east of the junction of Oldfield Road with Rotherhithe New Road and terminating by a junction with the East London Line at a point 113 metres south west of the junction of Greenland Mews with Trundleys Road, forming, with sidings, a servicing facility for the East London Line.

In the London borough of Tower Hamlets–

• Work No. 4 A new street commencing at a point 55 metres east of the junction of Pedley Street with Bratley Street and terminating at a point 67 metres north of the junction of Fakruddin Street with Vallance Road.

• Work No. 5 A new street commencing at a point 110 metres east of the junction of Shuttle Street with Buxton Street and terminating in Weaver Street at a point 18 metres east of the junction of Bratley Street with Weaver Street.

• Work No. 6 A new footbridge carrying a footpath commencing at a point 15 metres north of the junction of Fleet Street Hill with Pedley Street, passing over Work No. 2 (railway) and terminating in Fleet Street Hill at a point 8 metres north of the junction of Fleet Street Hill with Weaver Street.

• Work No. 7 A new street commencing at the junction of Pedley Street with Code Street and terminating at a point 50 metres north of the junction of Pedley Street with Fleet Street Hill.

PART II

In the London borough of Hackney

• Middleton Road

• Haggerston Road

• Arbutus Street

• Lee Street

• Dunston Street

• Dunston Road

• How’s Street

• Pearson Street

• Cremer Street/Geffrye Street

• Old Street

Articles 4 and 17

SCHEDULE 2 ACQUISITION OF CERTAIN LAND

(1)	(2)	(3)
Area	Number of land shown on deposited plans	Purpose for which landmay be acquired
London borough of Hackney	44a	For the provision of access for construction purposes and future maintenance of Work Nos. 1, 1D and 1E
London borough of Hackney	283a, 284, 285, 286, 287	For the provision of a working site and access for construction purposes and future maintenance of Work No. 1
London borough of Tower Hamlets	1a, 8a, 18a, 19a and 21a	For the provision of a working site and access for construction purposes and future maintenance of Work Nos. 1 and 2
London borough of Tower Hamlets	27c and 42c	For the purpose of exchange with the special category land as defined in article 30 of this Order

Article 6

SCHEDULE 3 STREETS SUBJECT TO STREET WORKS

(1)	(2)
Area	Street subject to street works
London borough of Hackney	Boleyn Road
	Kingsland High Street
	Abbot Street
	Ashwin Street
	Dalston Lane
	Roseberry Place
	Forest Road
	Richmond Road
	Glebe Road
	Middleton Road
	Haggerston Road
	Frederick Terrace
	Arbutus Street
	Lee Street
	Stean Street
	Dunston Street
	Acton Mews
	Dunston Road
	Canal Path
	Peartree Close
	Laburnum Street
	Whiston Road
	How’s Street
	Geffrye Street
	Pearson Street
	Dunloe Street
	Cremer Street
	Long Street
	Union Walk
	Waterson Street
	Kingsland Road
	Cotton’s Gardens
	Crooked Billet Yard
	Drysdale Street
	Old Street
	Rivington Street
	Dereham Place
	French Place
	Bateman’s Row
	New Inn Yard
	King John Court
	Holywell Lane
	Shoreditch High Street
	Bethnal Green Road
	Commercial Street
London borough of Tower Hamlets	Bethnal Green Road
	Wheler Street
	Sclater Street
	Brick Lane
	Grimsby Street
	Code Street
	Buxton Street
	Pedley Street
	Bratley Street
	Fleet Street Hill
	Weaver Street
	Vallance Road
London borough of Lewisham	Footpath between points T1 and T2
	Oldfield Grove
	Landmann Way

Article 7

SCHEDULE 4 STREETS TO BE PERMANENTLY STOPPED UP

PART I STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1)	(2)	(3)	(4)
Area	Street to be stopped up	Extent of stopping up	New street to be substituted
London borough of Tower Hamlets	Pedley Street	Between points P1 and P2	New street to be provided (Work No. 7) and new footpath to be provided between point P3 and the commencement of work No. 6
London borough of Tower Hamlets	Fleet Street Hill	Between points P3 and P4	New footpath to be provided between point P3 and the commencement of Work No. 6 and between point P11 and the termination of Work No. 6
London borough of Tower Hamlets	Footpath between Weaver Street and Buxton Street	Between points P9 and P10	New Street to be provided (Work No. 5)

PART II STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1)	(2)	(3)
Area	Street to bestopped up	Extent of stopping up
London borough of Hackney	Arbutus Street	Between points P1 and P2
London borough of Tower Hamlets	Bratley Street	Between points P5 and P6
London borough of Tower Hamlets	Weaver Street	Between points P7 and P8

Article 8

SCHEDULE 5 STREETS TO BE TEMPORARILY STOPPED UP

(1)	(2)	(3)
Area	Street to be stopped up	Extent of temporary stopping up
London borough of Hackney	Boleyn Road Kingsland High Street Abbot Street Ashwin Street Dalston Lane Roseberry Place Forest Road Richmond Road Glebe Road Middleton Road Haggerston Road Frederick Terrace Arbutus Street	} Within the limits
	Footpath across Stonebridge Gardens	Between points T1, T2, T3 and T4 with a temporary substitute footpath provided between points T2, T3 and T5
	Lee Street Stean Street Dunston Street Acton Mews Dunston Road Canal Path Peartree Close Laburnum Street Whiston Road How’s Street Geffrye Street Pearson Street Dunloe Street Cremer Street Long Street Union Walk Waterson Street Kingsland Road Cotton’s Garden Crooked Billet Yard Drysdale Street Old Street Rivington Street Dereham Place French Place Bateman’s Row New Inn Yard King John Court Holywell Lane Shoreditch High Street Bethnal Green Road Commercial Street	} Within the limits
London borough of Tower Hamlets	Bethnal Green Road Wheler Street Sclater Street Brick Lane Grimsby Street Code Street Buxton Street	} Within the limits
	Pedley Street	Between points T1 and T2
	Bratley Street Fleet Street Hill Weaver Street Vallance Road	Within the limits
London borough of Southwark	Oldfield Road	Within the limits
London borough of Lewisham	Footpath between Reculver Road and Silwood Street	Between points T1 and T2 (an alternative route is available between points T1 and T3 (Reculver Road) and T3 and T2 (Silwood Street)
	Oldfield Grove Landmann Way	} Within the limits

Article 9

SCHEDULE 6 ACCESS TO WORKS

(1)	(2)
Area	Description of Access
London borough of Hackney	Point “A1” to Roseberry Place
	Point “A2” to Richmond Road
	Point “A3” to Lee Street
	Point “A4” to Stean Street
	Point “A5” to Cremer Street
	Point “A6” to Holywell Lane
	Point “A7” to Shoreditch High Street
In the London borough of Tower Hamlets	Point “A1” to Brick Lane
In the London borough of Lewisham	Point “A1” to Landmann Way

Article 19

SCHEDULE 7 MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1.  The enactments for the time being in force with respect to compensation for the compulsory purchase of land shall apply with the necessary modifications as respects compensation in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.

2.—(1) Without prejudice to the generality of paragraph 1 above, the 1973 Act shall have effect subject to the modifications set out in sub-paragraphs (2) and (3) below.

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4 below–

(a) for the words “land is acquired or taken” there shall be substituted the words “a right over land is purchased”, and

(b) for the words “acquired or taken from him” there shall be substituted the words “over which the right is exercisable”.

(3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determination under section 8 of the 1965 Act as substituted by paragraph 5 below–

(a) for the word “part” in paragraphs (a) and (b) there shall be substituted the words “a right over land consisting”,

(b) for the word “severance” there shall be substituted the words “right over the whole of the house, building or manufactory or of the house and the park or garden”,

(c) for the words “part proposed” there shall be substituted the words “right proposed”, and

(d) for the words “part is” there shall be substituted the words “right is”.

Adaptation of 1965 Act

3.—(1) The 1965 Act shall have effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are to be read (according to the requirements of the particular context) as referring to, or as including references to–

(a) the right acquired or to be acquired, or

(b) the land over which the right is or is to be exercisable.

(2) Without prejudice to the generality of sub-paragraph (1) above, Part I of the 1965 Act shall apply in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

4.  For section 7 of the 1965 Act (measure of compensation) there shall be substituted the following section–

In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.”

5.  For section 8 of the 1965 Act (provisions as to divided land) there shall be substituted the following–

(1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)–

(a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Lands Tribunal (“the tribunal”); and

(b) before the tribunal has determined that question the person satisfies the tribunal that he has an interest which he is able and willing to sell in the whole of the relevant land and–

(i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land, or

(ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs;

the London Underground (East London Line Extension) Order 1997 (“the Order”) shall, in relation to that person, cease to authorise the purchase of the right and be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice shall be deemed to have been served in respect of that interest on such date as the tribunal directs.

(2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section shall be determined by the tribunal.

(3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of six weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.”

6.  The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is not conveyance by persons with interests in the land), that is to say–

(a) section 9(4) (failure by owners to convey),

(b) paragraph 10(3) of Schedule 1 (owners under incapacity),

(c) paragraph 2(3) of Schedule 2 (absent and untraced owners), and

(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

7.  Section 11 of the 1965 Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act shall be modified correspondingly.

8.  Section 20 of the 1965 Act (protection for interests of tenants at will etc.) shall apply with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

9.  Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

Article 21

SCHEDULE 8 LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1)	(2)	(3)
Area	Number of land shown on deposited plans	Purpose for which temporary possession may be taken inconnection with the authorised works
London borough of Hackney	65a and 91a	For the provision of a working site and access for construction purposes and provision of a temporary footpath
London borough of Hackney	114a and 114b	For the provision of access for construction purposes
London borough of Hackney	132 and 133	For the provision of a working site and access for construction purposes
London borough of Hackney	275a and 288	For the provision of a working site and access for construction purposes
London borough of Tower Hamlets	45b, 46b, 50b, 53b, 53c, 55c, 55d, 56b, 56c, 59b and 67a	For the provision of a working site and access for construction purposes
London borough of Lewisham	8 and 9	For the provision of a working site and access for construction purposes

Article 28

SCHEDULE 9 PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.

Apparatus of statutory undertakers etc. on land acquired

1.—(1) Sections 271 to 274 of the 1990 Act (power to extinguish rights of statutory undertakers etc. and powers of statutory undertakers etc. to remove or re-site apparatus) shall apply in relation to any land acquired or appropriated by the Company under this Order subject to the following provisions of this paragraph; and all such other provisions of that Act as apply for the purposes of those provisions (including sections 275 to 278, which contain provisions consequential on the extinguishment of any rights under sections 271 and 272, and sections 279(2) to (4), 280 and 282, which provide for the payment of compensation) shall have effect accordingly.

(2) In the provisions of the 1990 Act, as applied by sub-paragraph (1) above, references to the appropriate Minister are references to the Secretary of State.

(3) Where any apparatus of public utility undertakers or of a public telecommunications operator is removed in pursuance of a notice or order given or made under section 271, 272 or 273 of the 1990 Act, as applied by sub-paragraph (1) above, any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the Company compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(4) Sub-paragraph (3) above shall not apply in the case of the removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that paragraph, any person who is–

(a) the owner or occupier of premises the drains of which communicated with that sewer, or

(b) the owner of a private sewer which communicated with that sewer,

shall be entitled to recover from the Company compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of making his drain or sewer communicate with any other public sewer or with a private sewage disposal plant.

(5) The provisions of the 1990 Act mentioned in sub-paragraph (1) above, as applied by that sub-paragraph, shall not have effect in relation to apparatus as respects which paragraph 2 below or Part III of the 1991 Act applies.

(6) In this paragraph–

“the 1990 Act” means the Town and Country Planning Act 1990(1);

“public telecommunications operator” means–

(a)

a person authorised, by a licence to which section 9 of the Telecommunications Act 1984(2) applies, to run a public telecommunications system, or

(b)

a person to whom the telecommunications code has been applied pursuant to section 10 of that Act; and

“public utility undertakers” has the same meaning as in the Highways Act 1980(3).

Apparatus of statutory undertakers etc. in stopped up streets

2.—(1) Where a street is stopped up under article 7 of this Order any statutory utility whose apparatus is under, in, upon, over, along or across the street shall have the same powers and rights in respect of that apparatus, subject to the provisions of this paragraph, as if this Order had not been made.

(2) Where a street is stopped up under article 7 of this Order any statutory utility whose apparatus is under, in, upon, over, along or across the street may and, if reasonably requested so to do by the Company, shall–

(a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the statutory utility may reasonably determine and have power to place it, or

(b) provide other apparatus in substitution for the existing apparatus and place it in such position as aforesaid,

(3) Subject to the following provisions of this paragraph, the Company shall pay to any statutory utility an amount equal to the cost reasonably incurred by the statutory utility in or in connection with–

(a) the execution of relocation works required in consequence of the stopping up of the street, and

(b) the doing of any other work or thing rendered necessary by the execution of relocation works.

(4) If in the course of the execution of relocation works under sub-paragraph (2) above–

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions, or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the Company, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this paragraph would be payable to the statutory utility by virtue of sub-paragraph (3) above shall be reduced by the amount of that excess.

(5) For the purposes of sub-paragraph (4) above–

(a) an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions that those of the existing apparatus, and

(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined

(6) An amount which apart from this sub-paragraph would be payable to a statutory utility in respect of works by virtue of sub-paragraph (3) above (and having regard, where relevant, to sub-paragraph (4) above) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7½ years earlier so as to confer on the utility a financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

(7) Sub-paragraphs (3) to (6) above shall not apply where the authorised works constitute major transport works for the purposes of Part III of the 1991 Act, but instead–

(a) the allowable costs of the relocation works shall be determined in accordance with section 85 of that Act (sharing of cost of necessary measures) and any regulations for the time being having effect under that section, and

(b) the allowable costs shall be borne by the Company and the statutory utility in such proportions as may be prescribed by any such regulations.

(8) In this paragraph–

“apparatus” has the same meaning as in Part III of the 1991 Act;

“relocation works” means works executed, or apparatus provided, under sub-paragraph (2) above; and

“statutory utility” means a statutory undertaker for the purposes of the Highways Act 1980 or a public telecommunications operator as defined in paragraph 1(6) above.

Railway and navigation undertakings

3.—(1) Subject to the following provisions of this paragraph, the powers under article 6 of this Order to break up or open a street shall not be exercisable where the street, not being a highway maintainable at public expense (within the meaning of the Highways Act 1980)–

(a) is under the control or management of, or is maintainable by, railway or tramway undertakers or a navigation authority, or

(b) forms part of a level crossing belonging to any such undertakers or to such an authority or to any other person,

except with the consent of the undertakers or authority or, as the case may be, of the person to whom the level crossing belongs.

(2) Sub-paragraph (1) above shall not apply to the carrying out under this Order of emergency works, within the meaning of Part III of the 1991 Act.

(3) A consent given for the purposes of sub-paragraph (1) above may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld.

(4) In this paragraph “navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock.

(1)

1990 c. 8.

(2)

1984 c. 12.

(3)

1980 c. 66.